Construction Dive

APRIL 23, 2014

By Bruce Jervis Construction contracts frequently contain a “notice of claim” requirement. If a contractor believes an occurrence entitles the contractor to additional compensation under the contract, the contractor must give the project owner written notice within a stipulated number of days of the date of the occurrence.

Claims 56

Claims Compensation Contract Regulation 56

Best Practices Construction Law

SEPTEMBER 4, 2014

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation.

Compensation 54

Compensation Claims Change Orders Legal 54

Best Practices Construction Law

OCTOBER 13, 2016

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable.

Claims 48

Claims Compensation Schedule Guidelines 48

Best Practices Construction Law

SEPTEMBER 5, 2018

Many times, the parties’ contract will dictate whether the contractor can recover delay damages or will be limited to a time extension for delays beyond the contractor’s reasonable control. The general contractor in McLeod filed a malpractice action against the architect on a public contract for the City of Miami. In Perez-Gurri v.

Claims 54

Claims Miami Contract Liability 54

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The Contract.

Claims 118

Claims Compensation Contract Contractors 118

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.

Contract 100

Contract Organization Change Orders Overhead 100

Best Practices Construction Law

AUGUST 25, 2016

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates.

Claims 48

Claims DOT Compensation Documentation 48

Best Practices Construction Law

DECEMBER 8, 2019

23, 2019), the contracting officer awarded the contractor approximately $135,000 in delay damages for a 172 days in compensable delays on a renovation project on a base in South Carolina. One contractor recently learned this lesson to the tune of $65,000. In Appeal of BES Construction, LLC , ASBCA 60608 (Oct.

Contractors 71

Contractors Claims South Carolina Contract 71

Construction Dive

NOVEMBER 6, 2013

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. Construction contracts, which essentially allocate risks and responsibilities between project owners and constructors, spell out the circumstances under which the contractor may be entitled to additional time or money.

Claims 54

Claims Wisconsin Compensation Liability 54

Best Practices Construction Law

MAY 24, 2013

Not that I treat every marital conversation like a construction claim, but I do find myself grilling my wife about these increased costs and whether they are justified. Contractors should be concerned about the same level of grilling (or review) when submitting a claim. Image: Beverly Cromer.

Claims 72

Claims Materials Compensation Estimating 72

Construction Law Monitor

DECEMBER 27, 2012

Back in 2009 this blog reported on the very topic of Workers Compensation insurance, stating that 1 and 5 businesses are breaking workers compensation laws. Workers Compensation is codified in Louisiana under Revised Statute 23:1021 et seq. The main reason being is due to the exorbitant price of this insurance on contractors.

Compensation 51

Compensation Insurance Louisiana Contractors 51

Best Practices Construction Law

DECEMBER 11, 2019

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence ( preferably by an expert ) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable. Get an expert on board early.

Schedule 71

Schedule Compensation Claims Travel 71

Best Practices Construction Law

NOVEMBER 4, 2015

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. At this point, determine if contract procedure was followed.

Claims 48

Claims Change Orders Legal Schedule 48

Levelset

OCTOBER 14, 2022

A plumbing contractor’s insurance policy covers claims for property damage, but it may also help defend against lawsuits resulting from a work-related incident. In this respect, general liability insurance or workers’ compensation could help cover those costs if an incident should occur. . Licensing & contract requirements.

Insurance 52

Insurance Liability Injury Compensation 52

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. General liability insurance.

Liability 52

Liability Insurance Claims Legal 52

Best Practices Construction Law

JANUARY 8, 2015

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project. The government filed a counter-claim alleging fraud and other violations.

Claims 48

Claims Transportation Contractors Memphis 48

Construction Superintendent Magazine

NOVEMBER 17, 2015

The American Institute of Architects launched new contract documents. This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension and compensation.

Documentation 40

Documentation Contract AIA Agreement 40

Best Practices Construction Law

MARCH 20, 2018

There, the out-of-state contractor entered into the construction contract on December 26, 2011, but did not get its contractor’s license until February 5, 2012. The trial court awarded the contractor its claim for damages, and the owner appealed. The contractor later filed a lien for approximately $200,000.

North Dakota 75

North Dakota Contractors Lien Claims 75

Construction and Infrastructure Law

SEPTEMBER 29, 2020

Labor Code §§ 1020-1022), and the inability to maintain a lawsuit to recover compensation for their work. Contractors who perform work in California without being properly licensed are subject to a world of hurt, including civil and criminal penalties ( see, e.g., Cal. & Prof. Code §§ 7028, 7028.6, 7117, and Cal. Bus & Prof.

California 98

California Contractors Compensation Los Angeles 98

Best Practices Construction Law

JANUARY 15, 2013

"There is an undeniable need for logical, factually supportable and credible evidence to assist in calculating delay, time extensions, concurrency and compensability as well as liquidated damages and actual damages." Generally, the delay must affect the critical path of the work to be compensable.

Claims 48

Claims Schedule Compensation Guidelines 48

Best Practices Construction Law

MAY 21, 2013

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates. Image: Tanzer18.

Claims 48

Claims DOT Construction Compensation 48

Constructlaw

JULY 20, 2023

This is a strong reminder to all tiers of the construction chain that Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) allows substantially prevailing parties — whether owners, contractors, or subcontractors — to recover fees incurred in proceedings involving payment claims.

Claims 40

Claims Subcontracting Contractors Philadelphia 40

Constructlaw

JUNE 23, 2022

California Business and Professions Code Section 7031 (Section 7031) bars any recovery for compensation for work performed by an unlicensed contractor under any theory of recovery “regardless of the merits of the cause of action.” Later, Kim terminated their contract with TWA because Kim could not secure a construction loan.

CA 52

CA Contractors Compensation Contract 52

Job Order Contracting

AUGUST 31, 2021

Traditional contracting methods typically involve the non-owner participants tendering a lump-sum price based on the owner’s proposed allocation of responsibilities and risks. The over-riding goal of most contractor becomes minimizing the cost of performing the agreed scope or activity and maximizing profit.

Construction 124

Construction Procurement Liability Contract 124

Construction Law Monitor

SEPTEMBER 10, 2015

If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

Construction Law Monitor

SEPTEMBER 10, 2015

If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

Construction and Infrastructure Law

SEPTEMBER 29, 2020

Labor Code §§ 1020-1022), and the inability to maintain a lawsuit to recover compensation for their work. Contractors who perform work in California without being properly licensed are subject to a world of hurt, including civil and criminal penalties ( see, e.g., Cal. & Prof. Code §§ 7028, 7028.6, 7117, and Cal. Bus & Prof.

California 52

California Contractors Compensation Los Angeles 52

Levelset

SEPTEMBER 30, 2022

A large claim against your business could have a devastating financial effect that could threaten your livelihood. General liability insurance : General liability insurance protects contractors in situations where someone claims the contractor’s work led to bodily injury or property damage. Does a carpenter need insurance?

Insurance 52

Insurance Liability Accidents Injury 52

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Such an occurrence could threaten the existence of your contracting business.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

APRIL 18, 2014

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable. Best Practices Claims and Disputes'

Schedule 89

Schedule Claims Compensation Travel 89

Best Practices Construction Law

APRIL 28, 2015

Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. When you are dealing with changes on a project, they can be classified, treated, reviewed, and compensated on a different basis.

Change Orders 48

Change Orders Claims Compensation Contract 48

Construction Dive

NOVEMBER 19, 2014

But, the contract documents frequently make a distinction, so it does matter. An owner-directed suspension is usually expressly compensable, with the elements of compensation defined in the contract. The contract may disclaim owner liability for delay, regardless of cause.

Compensation 51

Compensation Liability Contract Claims 51

Construction Dive

MARCH 17, 2016

By Bruce Jervis A public project owner has the right to issue unilateral directives under the contract. While a contractor is obligated to follow a directive, the contractor has the right – under the dispute procedures of the contract – to pursue a claim for additional compensation.

Compensation 48

Compensation Claims Contract Accounting 48

Best Practices Construction Law

MAY 22, 2018

In construction contracts, “active interference” is a recognized exception to the enforcement of what is known as a “no damages for delay” clause. The contract contained a “no damages for delay” clause specifically making reference to delays caused by substructure contractor. 2d 435 (8th Cir.

Claims 48

Claims Contract Railroad Missouri 48

Levelset

MARCH 24, 2022

However, the steps to claim one differ from the standard construction lien process. After the preconstruction lien has been filed, a copy of the claim should be sent to the property owner by certified mail within 30 days of filing. Utah actually gives them a similar payment tool, known as a preconstruction lien.

Lien 52

Lien Utah Claims Security 52

Construction Dive

FEBRUARY 19, 2014

By Bruce Jervis Virtually every construction contract contains a so-called “Continuing Work” clause. These clauses require the contractor to continue work in accordance with the contract schedule notwithstanding any dispute or disagreement that may arise between the contractor and the project owner. Absolutely.

Contractors 56

Contractors Claims Compensation Contract 56

Construction Dive

OCTOBER 29, 2015

By Bruce Jervis Public works statutes frequently authorize contractor recovery of attorney fees and costs if the contractor is the prevailing party in a claim for additional compensation or other relief. These statutes and contracts seldom define the term “prevailing party.” There is a problem, however.

Compensation 48

Compensation Claims Contract Contractors 48